Andrew v. Linebaugh
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Ron. William G. Ellison, Judge. (1) Contestants should have been permitted to show the state of testator’s feeling’s toward his son Francis. There is possibly no thought in determining the validity of any will that is more potent than the feelings which a testator may have had for his offspring. That thought has perhaps been contained in the instructions of every will case coming before the court.
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Appeal from Nodaway Circuit Court. — Ron. William G. Ellison, Judge. (1) Contestants should have been permitted to show the state of testator’s feeling’s toward his son Francis. There is possibly no thought in determining the validity of any will that is more potent than the feelings which a testator may have had for his offspring. That thought has perhaps been contained in the instructions of every will case coming before the court. The views of the trial court were that the testator’s affections for any' one of his offspring who is not contesting the will were immaterial; and that whether…
1Opinion of the CourtWoodson, P. J.
— The plaintiffs brought this suit in the circuit court of Nodaway county to contest the validity of the will of their deceased grandfather, Jacob Linebaugh. The plaintiffs are the children of two of the testators’ deceased children, and the defendants are his widow and his three living children.
The alleged grounds of the contest are, that the testator, at the time of making and publishing the will, was mentally incapable and had undue influence exercised over his enfeebled mind by the defendants.
A trial was had before the court and jury, which resulted in a judgment sustaining the will, and…
2Cases cited7 opinions
- Schierbaum v. SchemmeSupreme Court of Missouri · 1900
- Benoist v. MurrinSupreme Court of Missouri · 1874
- Wendling v. BowdenSupreme Court of Missouri · 1913
- Crowl ex rel. Crowl v. American Linseed Co.Supreme Court of Missouri · 1914
- Hayes v. HayesSupreme Court of Missouri · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Machens v. MachensSupreme Court of Missouri · 1953
- Spalding v. RobertsonSupreme Court of Missouri · 1947
- Norris v. BristowSupreme Court of Missouri · 1951
- Wolfe v. PayneSupreme Court of Missouri · 1922
- Lindsay v. ShanerSupreme Court of Missouri · 1921
10 more not listed; retrieve them via the Exa API.